APHC010656292017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32857/2017 Between: 1. BABBURI NARAYANA SWAMY,, S/O LATE SAMBAIAH, AGED ABOUT 60 YEARS, OCC: BUSINESS, F.NO:201, RIVERSHINE APARTMENTS, BHAVANIPURAM, MASJID STREET, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDING VELAGAPUDI, AMRAVATHI, GUNTUR DISTRICT. 2. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, NEAR SWARAJ MAIDAN, VIJAYAWADA. 3. THE EXECUTIVE ENGINEER, ISRMC/PIPRMC DIVISION: 5, NEAR SWARAJ MAIDAN, VIJAYAWADA -520002. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue any appropriate Writ, Order or direction, more particularly a Writ of Mandamus by declaring the action of the respondents in not issuing permission for lifting of gravel/spoil for remaining quantity of 45000 cum between km158.000 to km158.250 of PIPRMC(earlier ISRMC) package No VII as promised by them in their proceedings dt 22/5/2015 and 4/9/2015 as illegal, 2 VS,J W.P.NO.32857 OF 2017 arbitrary and issue any other Writ, Order or direction as this Hon'ble Court may be pleased to deem fit and proper in thearcumstance of the case. IA NO: 1 OF 2017(WPMP 40869 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith grant permission for lifting of gravel/spoil for remaining quantity of 45000 cum between km158.000 to km158.250 of PIPRMC (earlier ISRMC) package No VII, Krishna District as promised by them in their proceedings dt 22/ 5/ 2015 and 4/ 9/ 2015, pending disposal of this Writ Petition and pass Counsel for the Petitioner: 1. V V ANIL KUMAR Counsel for the Respondent(S): 1. 15531/GP FOR IRRI AND CAD (AP) 2. GP FOR IRRI AND CAD (AP) The Court made the following: 3 VS,J W.P.NO.32857 OF 2017 ORDER:- The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “to issue any appropriate Writ, Order or direction, more particularly a Writ of Mandamus by declaring the action of the respondents in not issuing permission for lifting of gravel/spoil for remaining quantity of 45000 cum between km158.000 to km158.250 of PIPRMC(earlier ISRMC) package No VII as promised by them in their proceedings dt 22/5/2015 and 4/9/2015 as illegal, arbitrary..” 2. Today, there is no representation for the learned counsel for the petitioner. However, the learned Assistant Government Pleader furnished a copy of instructions issued by the Executive Engineer, dated 30.08.2025, wherein it is stated that: a) “It is submitted that a quantity of 50,000 cum was allotted to the writ petitioner in a meeting held in the chambers of Engineer-In- chief, Polavaram Irrigation Project, Dowlaiswaram on 15-05-2015 for the development of his agriculture land based on his representation. The petitioner has paid an amount of Rs.5, 40,750/- vide D.D.No.040945 dated: 26.06.2015 towards cost of Gravel and Rs.27039/- vide D.D.No.040944 dated: 26.06.2015 towards seignoirage charges for 5000 cum. Permission was accorded to lift 5000 cum by this respondent by Letter No.EE/PIPRMC/VJA/DB/JTO/W-8/657-M Dt:04.09.2015. b) The Petitioner has lifted a quantity of 2498cum up to 31.12.2016.Time limit was extended to lift balance quantity of 2502 cum by this respondent by Letter. No.EE/PIPRMC/VJA/DB/JTO/W- 8/673-M Dt:31.12.2016. Even after Extension of time the petitioner could not lift even the balance quantity of 2502cum. According to condition no:3 of agreement this spoil/gravel should be lifted within 4 VS,J W.P.NO.32857 OF 2017 10 days from the date of issue of permission and the department is not responsible for the delay in lifting the spoil/gravel. Hence from the above it is clear that the petitioner is not permitted to lift the gravel as permitted to him as the permission was expired. c) It is also submitted that the petitioner has not made any representation to this respondent to lift balance quantity of gravel. d) It is submit that the Government vide memo no. 19052/69/2017-PROJ-I-WRD, Dt.19.05.2017, have issued instructions to dispose the surplus spoil/gravel/Red earth by conducting open auction with a minimum bid price as per prevailing schedule of rates and seignoirage charges. All the Quantities are reported for auction and the auction notice is being issued, according to the then standard schedule of rates-2017. e) It is respectfully submitted that after a lapse of nearly Ten years from the date of granting permission to lift the gravel to the petitioner, he cannot now be permitted to lift the same as the Government has taken a policy decision to sell the surplus soil/gravel through auction. Hence the present writ petition is liable to be dismissed.” 3. In view of the said instructions, this Court is of the opinion that no cause survives in this writ petition. 4. Accordingly, the writ petition is closed. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA 03.09.2025 LSP 5 VS,J W.P.NO.32857 OF 2017 187 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32857/2017 6 VS,J W.P.NO.32857 OF 2017 03.09.2025 LSP